It is not uncommon for an employer to terminate an employee because of his or her disability in violation of FEHA and other anti-discrimination laws, and attempt to mask disability discrimination and failure to provide reasonable accommodations by telling an employee while terminating him that he can apply for other…
The California Supreme Court held that high blood pressure (hypertension) may be a protected disability at workplace within the meaning of Fair Employment and Housing Act (FEHA) in American National Insurance Co. v. Fair Employment and Housing Commission 32 Cal.3d 603 (1982). In that case, an insurance company terminated a…
The California Fair Employment and Housing Act basically defines two categories of disability: mental disability and physical disability. Each category contains its own specific definitions. In addition, under FEHA, an employee with a “medical condition” which is not quite considered a disability is also entitled to a reasonable accommodation. The…
The California Fair Employment and Housing Act (FEHA) provides a non-exhaustive list of possible accommodations that an employer may consider to accommodate a qualified disability or medical condition of an employee. These typical reasonable accommodations include, but are not limited to: • Making facilities accessible to and usable by disabled…
Under California law (Fair Employment and Housing Act or “FEHA”) an employer has an affirmative duty to engage in a timely, good-faith interactive process with an employee who is disabled or who the employer perceives to be disabled. The interactive process is a discussion between an employer and employee that…
The employer must engage in a “timely, good faith interactive process … in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. Although the law doesn’t specifically provide, the California court rulings make it clear that…
As I work and get in get in contact with more San Francisco area employers and employees, I can’t help but be amazed at the liability exposure that the companies-employers incur as a result of their human resources’ managers ignorance of the basic disability laws that lead do series of…
The California Fair Employment and Housing Act requires employers to make reasonable accommodation for the known disabilities of applicants and employees to enable them to perform a position’s essential functions, unless doing so would produce under hardship on the employer. “Reasonable accommodation” means that employers have an affirmative duty to…
Under California Fair Employment and Housing Act (“FEHA”), an employer must make “reasonable accommodation” for individuals with known disabilities unless it can demonstrate that doing so would be an undue hardship on the business. Failure to make a reasonable accommodation is itself an unlawful practice than can give rise to…